Short answer. Usually not by court action. Under Article 1403, a sale of real property falls under the Statute of Frauds, so a purely verbal agreement is unenforceable by action unless there is a written note or memorandum signed by the party charged. Without a writing, a court will not compel the deal — though the contract can still be ratified.
What the law says
unless the same, or some note or memorandum, thereof, be in writing, and subscribed by the party charged, or by his agent
Civil Code, Article 1403 — Unenforceable Contracts and the Statute of Frauds. Read the full provision →
What the law says
An agreement for the leasing for a longer period than one year, or for the sale of real property or of an interest therein
Civil Code, Article 1403 — Unenforceable Contracts and the Statute of Frauds. Read the full provision →
The Statute of Frauds covers land sales
Article 1403 lists agreements that must be evidenced in writing to be enforced. Among them is an agreement for the leasing for a longer period than one year, or for the sale of real property or of an interest therein. For these, the article says the agreement is unenforceable by action unless the same, or some note or memorandum, thereof, be in writing, and subscribed by the party charged, or by his agent. A sale of land is precisely such an agreement. So a deal made only by word of mouth, with nothing signed, generally cannot be enforced in court against the person who is denying it. The law demands written proof for transactions this important.
What counts as enough writing
The Statute does not require a full, formal deed to make the sale enforceable. A note or memorandum can be enough, as long as it records the essential terms and is subscribed by the party charged — that is, signed by the person you are trying to hold to the deal, or by that person's authorised agent. This can take modest forms: a signed receipt, a letter, or another writing acknowledging the sale and its terms. What matters is that the person resisting enforcement put their signature to something confirming the agreement. Purely oral testimony about what was said, with no signed writing behind it, is what the article refuses to accept as a basis to enforce the sale.
The verbal deal is not worthless
Being unenforceable by action is not the same as being void. Article 1403 groups these under unenforceable contracts, and the same provision says they bind once ratified. A verbal land sale can therefore be saved. It is ratified when the party charged fails to object to the offered oral evidence in time, or accepts benefits under the contract. Notably, partial or full performance — such as the buyer paying and the seller accepting the price, or the buyer taking possession — takes the sale out of the Statute of Frauds, because the Statute applies to wholly executory agreements. Once there has been such performance, the courts can enforce the sale despite the lack of a writing.
Practical steps to protect yourself
If you are relying on a verbal agreement to sell land, your position is fragile until it is put in writing or ratified. The safe course is to reduce the sale to a signed document as soon as possible, ideally a proper deed of sale, and to keep proof of any payments made and possession delivered. If the other side is backing out, gather any signed notes, receipts, or messages, and evidence of performance, since these can move the deal out of the Statute's reach. General information here is not a substitute for advice on your specific situation, but the core rule is clear: get the land sale in writing.